Supervisors are being reminded that under the Fair Labor Standards Act (FLSA), employees can sue supervisors who violate the law personally – not just the organization itself.
The act defines the term “employer” as “any person acting directly or indirectly in the interest of an employer.”
Whether or not a supervisor can be personally sued depends on how much of a role they have in making the decision to allow off-the-clock work or allow employees to work without overtime pay. And employees can sue three years after the fact, and receive twice what they were owed.
Cases like these can be easily expanded into class-action lawsuits, representing all similarly situated employees at a company.